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Changes to legislation:

The Planning Reform (Northern Ireland) Order 2006,
PART III
is up to date with all changes known to be in force on or before 18 August 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Commencement Orders yet to be applied to the The Planning Reform (Northern Ireland) Order 2006

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

PART IIIN.I.CORRECTION OF ERRORS

Correction of errors in decision documentsN.I.

17.—(1) This Article applies if the Department issues a decision document which contains a correctable error.

(2) The Department may correct the error—

(a)if it is requested to do so in writing by any person;

(b)if it sends a statement in writing to the applicant which explains the error and states that it is considering making the correction.

(3) But the Department shall not correct the error unless—

(a)not later than the end of the relevant period it receives a request mentioned in paragraph (2)(a) or sends a statement mentioned in paragraph (2)(b); and

(b)it obtains the appropriate consent.

(4) The relevant period is the period specified for the purposes of paragraph (3)(a) in a development order.

(5) The appropriate consent is—

(a)the consent in writing of the applicant;

(b)if the applicant is not the owner of the land in respect of which the decision was made, the consent in writing of both the applicant and the owner.

(6) But consent is not appropriate consent if it is given subject to a condition.

Correction noticeN.I.

18.—(1) If sub-paragraph (a) or (b) of Article 17(2) applies the Department shall as soon as practicable after making any correction or deciding not to make any correction issue a notice in writing (a correction notice) which—

(a)specifies the correction of the error; or

(b)gives notice of its decision not to correct such an error.

(2) The Department shall give the correction notice to—

(a)the applicant;

(b)if the applicant is not the owner of the land in respect of which the original decision was made, the owner;

(c)if the correction was requested by any other person, that person.

Effect of correctionN.I.

19.—(1) If a correction is made in pursuance of Article 17—

(a)the original decision is taken not to have been made;

(b)the decision is taken for all purposes to have been made on the date the correction notice is issued.

(2) If a correction is not made—

(a)the original decision continues to have full force and effect;

(b)nothing in this Part affects anything done in pursuance of or in respect of the decision.

SupplementaryN.I.

20.—(1) This Article applies for the purposes of this Part.

(2) A decision document is a document which records any of the following decisions—

(a)a decision to grant or refuse planning permission;

(b)a decision to grant outline planning permission;

(c)a decision to approve reserved matters (within the meaning of Article 35 of the principal Order);

(d)any decision to grant planning permission under sub-paragraph (a) of paragraph (1) of Article 71 of the principal Order or to discharge a condition or limitation under sub-paragraph (b) of that paragraph;

(e)a decision to grant or to refuse to grant a certificate under Article 83A or 83B of the principal Order;

(f)any decision relating—

(i)to an application for consent under a tree preservation order,

(ii)to an application for consent under any regulations made under Article 67 of the principal Order, or

(iii)to any certificate or direction under any such order or regulations;

(g)a decision on an application for listed building consent under Article 44(2) or (3) of the principal Order;

(h)a decision relating to any consent under Article 51 of the principal Order (conservation area consent);

(i)a decision under Article 55 of the principal Order (determination of applications for hazardous substances consent);

(j)any other decision under the principal Order which is of a description specified by the Department in a development order.

(3) A correctable error is an error—

(a)which is contained in any part of the decision document which records the decision; but

(b)which is not part of any reasons given for the decision.

(4) The applicant is in the case of a decision made on an application under the principal Order, the person who made the application.

(5) The owner in relation to land is a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the land, or where the land is not let at a rack rent, would be so entitled if it were so let.

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